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(영문) 부산지방법원 2015.05.21 2014고정5146
명예훼손
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. At around 17:00 on June 30, 2014, the Defendant damaged the reputation of the victim by openly pointing out false facts by publicly pointing out the victim’s reputation, on the following grounds: (a) there was 2 and 3 residents of the above apartment complex, the victim DNA did not have met the Defendant’s sexual organ, even though there were 2 and 3 residents of the above apartment complex; and (b) there was no other fact that the victim D had met the Defendant’s sexual organ.

2. On July 13, 2014, the Defendant: (a) in front of the above C Apartment 207dong guard room, among the above apartment security guards, residents, etc., the victim did not have committed sexual assault against women currently in school, or engaged in commercial sex acts; (b) although the victim did not have committed sexual assault against women currently in school, the victim’s reputation was damaged by publicly pointing out false facts by pointing out the victim’s reputation.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Partial statement of witness D;

1. Some statements in the police statement concerning D;

1. Application of Acts and subordinate statutes to police investigation reports (referring to the binding of 112 reported case lists);

1. Relevant Articles of the Criminal Act and Articles 311 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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